4 C.F.R. § 28.23

Disqualification of administrative judges

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(a) In the event that an administrative judge considers themselves disqualified, he or she shall withdraw from the case, stating on the record the reasons therefor, and shall immediately notify the Board of the withdrawal.

(b) Any party may file a motion requesting the administrative judge to withdraw on the basis of personal bias or other disqualification and specifically setting forth the reasons for the request. This motion shall be filed as soon as the party has reason to believe there is a basis for disqualification.

(c) The administrative judge shall rule on the withdrawal motion. If the motion is denied, the party requesting withdrawal may take an appeal to the full Board. The notice of appeal, together with a supporting brief, shall be filed within 15 days of service of the denial of the motion. Upon receipt of the appeal, the Board will determine whether a response from the other party or parties is required, and if so, will fix by order the time for the filing of the response.

[58 FR 61992, Nov. 23, 1993, as amended at 89 FR 51399, June 18, 2024]

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: John H.M. Chen v. Gen. Acct. Off., 821 F.2d 732 (D.C. Cir. 1987).

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John H.M. Chen v. Gen. Acct. Off., 821 F.2d 732 (D.C. Cir. 1987). · cites it 2× “This last defense is arguably not available in this case, because PAB regulations, 4 C.F.R. § 28.23 (b), provide that "the agency’s decision may not be sustained if the petitioner .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.